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It is best for all parties to avoid litigation by clearly addressing the possibility of a transfer of more than just the property that is the subject of the right when that property is part of a larger parcel, or could be part of a package deal.
The head of leasing for your new client, a regional restaurant chain, calls to say he has received a request from the owner of a 70-acre regional enclosed mall shopping center to sign an estoppel certificate. The certificate references your client’s ground lease for its 8,000 square-foot restaurant on a 1.3-acre outparcel at the center. The estoppel request appears to be in connection with the sale of the shopping center. You think your client just needs help filling out the certificate, but instead, he asks, “What do I need to do to exercise my right of first refusal to buy the leased premises?”
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Sui Generis: Negotiate Like You Mean It
By Lydia Pilch
As further follow-up regarding tracking of the lifecycle of a commercial lease, Part Two of this series addresses various negotiation events, strategies, desired outcomes and potentially low key disasters.
New York’s Guaranty Law Continues to Divide Opinion
By Matthew J. Schenker and Joshua Kopelowitz
This article discusses the recent developments surrounding the constitutionality of New York's Guaranty Law. In particular, we address the Southern District’s view that the statute is unconstitutional and the splintered view of the statute’s constitutionality expressed by New York State courts.
Don’t Get Caught Holding a Conditional Loan Approval at Closing
By Matthew Kramer
With rising interest rates and more stringent lending standards for both residential and commercial properties, security deposit disputes caused by buyers’ inability to satisfy pre-closing purchase-financing conditions are also increasing.
New York’s Seldom Used Expedited Money Judgment Mechanism: CPLR 3213
By Massimo F. D’Angelo and Gregory Wong
In New York state and local court cases, there is a seldom-used procedural mechanism for obtaining an expedited money judgment against a guarantor. This article provides an overview of CPLR 3213 motions, an update on the resolution of the split that previously existed between the New York State Supreme Court, Appellate Division, First and Second Departments, and practical guidance for transactional counsel drafting commercial leases and guaranties.